Madras High Court
M.Murugesan vs The State Rep By on 4 May, 2023
CRL.O.P.No.9807 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.05.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
CRL.O.P.No.9807 of 2023 &
Crl.M.P.No.6435 of 2023
1.M.Murugesan
2.M.M.Jeyanthi ... Petitioners/Accused
Vs.
1.The State rep by
Inspector of Police,
Hosur Town Police Station,
Hosur, Krishnagiri District. ... 1st Respondent / Complainant
2.N.M.Baskar ... 2nd Respondent / Defacto Complainant
PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C.
praying to call for the records pursuant to First Information Report in Crime
No.559 of 2022 on the file of the first respondent herein and quash the same as
abuse of process of law.
For Petitioner : Mr.R.Dhanasekar
For Respondent 1 : Mr.N.S.Suganthan,
Government Advocate (Crl. Side)
ORDER
This petition has been filed to quash the F.I.R. in Crime No.559 of 2022
registered by the first respondent police for offences under Sections 420,
294(b) & 506(1) of I.P.C, as against the petitioners.
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CRL.O.P.No.9807 of 2023
2. The case of the prosecution is that the petitioners are running a
business in the name and style of M.J.Enterprises. The nature of the business is
purchasing the House Sites and carry out construction work and thereafter, sell
the same. The second respondent herein invested to the tune of
Rs.2,49,52,709/- on various occasions in order to induct him as a partner in the
said business of the petitioners. After developing so many properties, the
second respondent was not given any share in the profit and in fact, he was not
paid any salary.
3. The learned Counsel appearing for the petitioners would submit that
the petitioners are innocent person and they have not committed any offence as
alleged by the prosecution. Without any base, the first respondent police
registered a case in Crime No.559 of 2022 for the offences under Sections 420,
294(b) & 506(1) of I.P.C, as against the petitioners. Hence he prayed to quash
the same.
4. The learned Government Advocate (Crl. side) would submit that the
investigation is almost completed and the final report is yet to be filed.
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CRL.O.P.No.9807 of 2023
5. Heard Mr.R.Dhanasekar, learned counsel appearing for the petitioners
and Mr.N.S.Suganthan, learned Government Advocate (Crl. side) appearing for
the first respondent.
6. It is seen from the First Information Report that there are specific
allegations as against the petitioners to attract the offence, which has to be
investigated in depth. Further the FIR is not an encyclopedia and it need not
contain all facts and it cannot be quashed in the threshold. This Court finds
that the FIR discloses prima facie commission of cognizable offence and as
such, this Court cannot interfere with the investigation. The investigating
machinery has to step in to investigate, grab and unearth the crime in
accordance with the procedures prescribed in the Code.
7. In this regard, it is relevant to rely upon the judgment of the Hon'ble
Supreme Court of India passed in Crl.A.No.255 of 2019 dated 12.02.2019 in
the case of Sau. Kamal Shivaji Pokarnekar vs. the State of Maharashtra &
ors., as follows:-
"4. The only point that arises for our consideration in
this case is whether the High Court was right in setting
aside the order by which process was issued. It is settled law
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CRL.O.P.No.9807 of 2023
that the Magistrate, at the stage of taking cognizance and
summoning, is required to apply his judicial mind only with
a view to taking cognizance of the offence, or in other
words, to find out whether a prima facie case has been
made out for summoning the accused persons. The learned
Magistrate is not required to evaluate the merits of the
material or evidence in support of the complaint, because
the Magistrate must not undertake the exercise to find out
whether the materials would lead to a conviction or not.
5. Quashing the criminal proceedings is called for
only in a case where the complaint does not disclose any
offence, or is frivolous, vexatious, or oppressive. If the
allegations set out in the complaint do not constitute the
offence of which cognizance has been taken by the
Magistrate, it is open to the High Court to quash the same.
It is not necessary that a meticulous analysis of the case
should be done before the Trial to find out whether the case
would end in conviction or acquittal. If it appears on a
reading of the complaint and consideration of the
allegations therein, in the light of the statement made on
oath that the ingredients of the offence are disclosed, there
would be no justification for the High Court to interfere.
......................
9. Having heard the learned Senior Counsel and
examined the material on record, we are of the considered
view that the High Court ought not to have set aside the
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CRL.O.P.No.9807 of 2023
order passed by the Trial Court issuing summons to the
Respondents. A perusal of the complaint discloses that
prima facie, offences that are alleged against the
Respondents. The correctness or otherwise of the said
allegations has to be decided only in the Trial. At the initial
stage of issuance of process it is not open to the Courts to
stifle the proceedings by entering into the merits of the
contentions made on behalf of the accused. Criminal
complaints cannot be quashed only on the ground that the
allegations made therein appear to be of a civil nature. If
the ingredients of the offence alleged against the accused
are prima facie made out in the complaint, the criminal
proceeding shall not be interdicted."
8. In view of the above discussion, this Court is not inclined to
quash the First Information Report. Accordingly, this Criminal Original
Petition stands dismissed. Consequently, connected miscellaneous petition is
closed.
04.05.2023
nl
Index : Yes / No
Speaking / Non Speaking order
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.9807 of 2023
To
1.The Inspector of Police,
Hosur Town Police Station,
Hosur, Krishnagiri District.
2. The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
CRL.O.P.No.9807 of 2023
G.K.ILANTHIRAIYAN, J.
nl
Crl.O.P.No.9807 of 2023
04.05.2023
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